DV/498A

Querist : Anonymous (Querist) 14 June 2011 This query is : Resolved
498a/406/34 IPC has been filed against me and my family members. D.V case going on for last 2 years. No interim maintenance provided by both the magistrates. As, the case got transferred interim maintenance arguments happened twice. As, her case is weak and her advocate is delaying the proceedings. It took him 3dates/ 6months to file evidence by the way of affidavit. Then, also he did not submit annexure in the court nor did he gave those to the respondents intentionally. Now, On next date of hearing I have decided to forward an application in the court regarding the conduct of the petitioner and her lawyer. Am I doing right?
What are the remedies available at this stage of the criminal case as the FIR was lodged 10months back but I got to know about it now only. As, she mentioned in her affidavit that an FIR has been registered. Neither she mentioned the date nor the FIR number because his lawyer is earning by playing tricks and amusing her by his tricks. I got the copy of the FIR from the office of the DCP as the IO refused to give the copy.
Should I go for quash of FIR in the high court immediately or shall I wait for few more months to do so?
Or I should wait for the IO to file charge sheet and opt for discharge in the trial court.
I do have a session court orders mentioning that police can’t arrest anyone of us without giving 3working days notice in the above mentioned sections.
Can you tell me about the procedure in a criminal case?
1 FIR 2? 3? 4? 5? 6? final-> accused/ discharged

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Devajyoti Barman (Expert) 14 June 2011
Before submission of charge sheet you should not o for quashing as the court most of the time term it as prematured.

The more the petitioner delays in her proceeding in VD Case, more you will get out of it. So let her what she is doing in this case.

Ajay Bansal (Expert) 14 June 2011
Agreed with Devajyoti.

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